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.1!ICTiFT~~.T IDM nF CFTTI_FMF!JT ~.f,.R.F ~MFrJT F(1 R. rlov c-9z-ola NOV C-92-014 was written for "failure to pass all disturbed area drainage through a sedimentation pond, a series of sedimentation ponds, or a treatment facility before leaviny the permit area." The haul road ditch south of the shop in the vicinity of Culvert C-4, had been inundated and flows were spilling over both sides of the road ditch into Del Agua Drainage. The approved mine sediment control plan requires this drainage to be routed into Pond 15-P2. NOY C-92-014 was issued by Dan Mathews, Reclamation Specialist, on June 29, 1992. Dan found the situation to be out of compliance with regulatory sections 4.05.2(1) and 4.05.2(2). The penalty assessment proposed by the Division Assessment Officer was: History $50.00 Seriousness $1,000.00 Fault $500.00 TOTAL PROPOSED CIVIL PEUALTY: $1,550.00 Mr. Greg Lewicki, P.E., representative for Trinidad Basin i4ines (TBid), presented an argument intended to demonstrate that the instantaneous runoff flow in the ditch had exceeded the instantaneous flow resulting from 10-year 24-hour design precipitation event. I continued the September 11, 1992 assessment conference to allow Mr. Lewicki to submit additional supporting evidence for this assertion. Mr. Lewicki submitted additional information to the Division for review on October 19, 1992. The Division's Hydrology Task Force personnel reviewed ttr. Lewicki's supplemental submittal but was not persuaded to concur with his opinion. Mr. Lewicki has not persuaded me to disagree with the opinion of the Division's hydrologists. h1r. Lewicki did not refute ttre fact of the violation. Greg observed that the pe rniit observed that the approves permit committed to a 25-year 24-hour precipitation event as the design standard for the ditches and ponds at the Trinidad Basin mine site. Mr. Lewicki presented information suggesting that the actual flow on June 29, 1992 had exceeded that which would have resulted from a 10-year 24-hour precipitation event, but that it had not exceeded the supposed design criteria for the ditch in question. I was not persuaded by Idr. Lewicki's comments, and found the notice of violation to have been appropriately issued to TBM. Based upon the evidence presented, I found the proposed assessments for History and Fault to be appropriate. I was persuaded, however, that the proposed assessment for• Seriousness was inappropriately severe. The effluent which escaped from the breached ditch into the Del Agua drainage, according to Dan Mathews, did not appear to be significantly higher in sediment content than the headwater flow in that drainage. Based upon this observation, I am proposing to adjust the Seriousness component from $1,000 to $50U, reflecting "moderate" Seriousness. Regulation section 5.04.5(3)(d) allows the conference officer to assign a penalty reduction to reflect "Good Faith", if the pennittee took